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200207331
<br />DEED OF TRUST
<br />Loan No: 774534 (Continued) Page 2
<br />governed by the following provisions:
<br />Possession and Use. Lord the occurrence of an Event of Default Truster may (1) remain in possession and control of the Property:
<br />121 use, almr-m or inunalln the Property; and (3) collect the Rants from the Properly
<br />Duty to Maintain. Truster shall oldruto iu III Property in tenantable condition and promptly parterre on repairs, and
<br />ralntnnanne necessary to preserve Its value.
<br />Compliance With Environmental Laws- Truster represents and warrants to Lender that (L) During the period of Truster's ownership
<br />of the Property, there has been no use ger- ronon, r nufantore, storage, treatment, disposal, release or threatened release of any
<br />Ha ... do,,, Substance by any person Itur untler, about or from the Preporry; (2) Trustor has no knowledge of, o r reason to believe
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<br />that there line been, recent as previously disclosed to and acknowledged by Lender In writing, (a) any breach or iolation of any
<br />Environmental Laws, (b) any a n, ge—lation, manufacture, storage, treatment, dispasul, release or threatened release of any
<br />lazardeus Substance on, under, about or ,em the Property by any prior owners or occupants of the Property. or (c) any actual or
<br />threatened litigation o claims of any kind by any person relating to such matters; and (3) Except as previously dlsclorcd to and
<br />ecknoveloalged by Lander In writing, (a) neither Trustor nor any tenant centmctuq agent or other authorized user of the Property
<br />shall use, generato, n nufaoture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property:
<br />and Ile any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Enmmnrnental Laws. Trustor authorizes Lender and its agents to enter upon kilo Property
<br />to unake ash inspections and tests, at Tender 'a expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this m15u of III Dead of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be
<br />construed s to c earn any -spun eiGtgty or IIAt on the part of Lender to Truster or to any other hereon. The reprecostrafism, and
<br />warranties contained herein one based on Tru,;or's due diligence In investigating the Property fur Hozarduus Substances- Truster
<br />raters (I1 releases and waives any future claims senior Lender for indemnify or contribution in the event Truster becomes liable for
<br />cleanup or ether soars under any such laws; and (2) agrees to Inderioll y And hold harmless Lender against any and all claims, [cases,
<br />latelorwo, damages, ponalties, and expenses which Lender may directly or indirectly susmio or suffer reauhhon from a breach of this
<br />section of the Dead at Trust or as o comotprnnns of any use, generation, manufacture, storage, forced, release or threatened release
<br />occurring Prior to Trustor 's ownership or interest In the Property, whether or not the same was or should have been known to Truster.
<br />The previsions of this section of the Deed of Trust, Including the obligation to Indemnify, shall survive the payment of the
<br />Inclosed— Ind the safisfamerk and r vegan of the lien of this Deed of Trust and shall tint he affected by Landers acquisition
<br />of any interest In the property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to tine Property or any portion of the Property. Without limiting rho generality of the ferouting, Truster will not remove, or grant to
<br />any other party tire ngbt to rerun any timber, minerals (Including oil antl goa), oral, clay ever a, soil, gravel or rock products
<br />without Lender's prior writer Convect
<br />Removal of Improvements. Trustor shall not demolish or may Improvements from the Real Property without Lender's prior
<br />writer consent As condition to the removal of any Improvements, Lender troy nnlui , Truster fn maker arrangements satisfactory
<br />to Lender to replace soon hnprovements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's cgents rein r eprenentativas may enter upon the Real Property at all re rabic lianas N
<br />attend to Lender's interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
<br />this Deed of Trost.
<br />Compliance with Governmental Requirements. Tustor shall prnmptly comply with all laws, ordinances, and mguibralb, new or
<br />hereafter In effect, of all governmental authorities appbcoblc to the ose or occupancy of the Property, including without limitation, me
<br />Ant c With Disabilities Act. Trustor may contest in good faith any such law, rdivanon, n ougularien and withhold compliance
<br />during any prreceding, Including Appropriate appeals, so long as Trustor has notified Lender In writing prior to union so and se long as,
<br />in Lender's sole opinion, Lender's mtcrosts In the Property are not jeopardized. Lander may require Trustor to post adequate security
<br />or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
<br />Duty to Protect Trustor agrees neither to abandon or leave unaucndeel tiro Property. Trustor shall do all other acts, in addition to
<br />those acts set turd, above in this snotion, which from the character and use of the Props. -ty are masenebhy necessary to protect end
<br />preserve the Property
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment- Trostur shall pay when due land In all events prior to delinquency) all taxes, speciAl taxes, a s ants, charges foreledl.g
<br />water and sower), finis and impositions levied against or on account of the Property and shall pay when due all claims for work done
<br />on or forservices rendered o material furnished to the Property- Trustor shall maintain the Property tree W all lion having priority
<br />over or equal to the Interest of Lender under this Debt] of Trust, ld cent for the lien of taxes and assessments not due and except oe
<br />agereisu provided in this Deed of Trust.
<br />Right to Contest, Trustor may wikhhold Payment of any tax, a end, o claim in connection with a good fold, dispute. over Ina
<br />ohligaters to pay, so long as Landers interest in the Property is net le p4oi,.d. If a lisp ar Is filed as A result of man po.emir
<br />Truser sliall within fifteen (15) days after the Ilea arises or, if a Ire. a filed, within fifteen (15) days after Trustor has notice of the
<br />filing, severe he discharge of lhs Illdu, or If requested by Lender, deposit with Lender cash or sufficient corporate surety bond or
<br />other security satisfactory to Lender in an on vent arffirient to discharge the lien plus any costs and utorneys' folds, or other charges
<br />that caJd accrue as A result of a foreclosure or sale under the lien. In mry conwst Trustor shall defend itself and Lender and shall
<br />satisfy any st —r—. Indgmnnt before enforcement against the Property. Irusmr It name I order as an additional obligee under any
<br />surety bond tomished In the centldst In seedings-
<br />Evidence of Payment. Trustor shall upon denand funrish In Lender satisfactory evidence of payment of the taxes or asessmnotkl Anrl
<br />shall authorize the appropriate governmental atheist to doiiver to Loodnr at any time a written statement of the taxes and osss,nn snots
<br />against tiro PrePartY-
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